What to DO, when you want to SUE. (Part 2)

Blog, Legal Services
Once all parties are served with the appropriate papers and everyone is at the courthouse its now time for litigation. Litigation is the process of carrying on a lawsuit. In most courts, the judge will call the parties up to the stand and ask them if they have reached an agreement. If they have not, the judge will give them the opportunity to go meet privately within the courthouse to discuss the matter further in an attempt to reach an amicable resolution. If the parties can reach an agreed upon settlement, they will go before the judge and put the agreed upon settlement on the record. From here, the parties would be bound to carry out said agreement. If an agreement can’t be reached, the litigants will proceed to trial.…
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What to DO, when you SUE. (Part 1)

What to DO, when you SUE. (Part 1)

Blog, Legal Services
[caption id="attachment_5500" align="alignleft" width="200"] What to do before filing a law suit[/caption] THINGS TO THINK ABOUT WHEN DEBATING A LAWSUIT IN UPSTATE NY Often people will enter into an agreement or business transaction and things just don’t work out. In the end, one or both parties may feel entitled to some sort of retribution, which usually comes down to money. When you feel a person, entity or business owes you money, the first place to consider filing a cause of action is in Small Claims Court. A lot of people may have heard of Small Claims Court and more than likely have seen it play out to some degree on TV (Judge Judy, People’s Court, etc.) but what exactly is Small Claims Court? Small Claims Court is an informal court…
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Social Media is No Legal Lame Duck

Social Media is No Legal Lame Duck

Blog, Hot Topics in Law
[caption id="attachment_671" align="alignright" width="150" caption="Social Media now plays a major role in litigation"][/caption] I have touched upon this topic in the past but after some recent experience I feel it is worth going over again. In this new decade of overwhelming social media, with forums such as Facebook, MySpace and Twitter, people now open themselves up to more liability in what they say. No more does testimony in court boil down to "he said, she said."   Now with Facebook, practically taking the world by storm overnight, said communication is permanently embedded and one must live with the consequences once they make their proclamations. Judges and attorneys now refer to social media communications without much scrutiny to its authenticity and validity. Most jurisdictions are taking the communication at face value…
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Legal Protection for Business: Why an LLC is the Way to Be

Blog, Featured Articles, Legal Services
[caption id="attachment_682" align="alignright" width="150" caption="Forming a Limited Liability Company (LLC) is smart for any business"][/caption]Entering into any business venture always has some sort of risk. There are no guarantees that the business will become successful. More often than not, start up companies fall flat before they even get out of the starting gate. To protect ones personal and professional assets when entering Into such a venture, one of the easiest and smartest things to do is to form some form of corporate shield, namely an LLC. An LLC is a Limited Liability Company that affords legal protection to a business as allows said business to be viewed as an entity and not as a living breathing person. With said legal entity status comes legal protection and allows the business to…
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